the house of representatives, being elected by popular vote and for a short term, are likely to represent with considerable faithfulness the wishes of the people. But the people may be for a time wrong-as, for instance, in the persecution of the "witches "-and senators, who by their mode of election and length of term are made somewhat independent, can comparatively without fear do what seems right, even if temporarily unsupported by public opinion.

SECTION II.-HOUSE OF REPRESENTATIVES.1

Clause 1.-Composition and Term.

The house of representatives shall be composed of members chosen every second year by the peoples of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.5

1 So called because it "represents" the people.

2 The term under the confederation had been one year. This was too short to permit any adequate study of the subjects to be legislated upon. This longer term, two years, is still short enough to impose upon representatives the feeling of responsibility.

The term begins March 4, at noon. The time covered by a representative's term is called a congress; thus we speak of the fortieth congress, meaning the fortieth two years of our constitutional existence. The name also applies to the body constituting our national legislative department during that time. Thus we say that a certain person is a member of congress.

"A congress" includes two regular sessions and any number of extra sessions which the president may see fit to call or which may be provided for by law. The

first regular session is called "the long session," because congress may remain in session through the summer, if it choose. The second is called "the short session," because it must end March 4, at noon. Expiring thus by limitation, it lasts not more than about three months.

The word people here means voters.

Each state is divided by its legislature into congressional districts equal in number to the representatives to which it is entitled, and the people of each district elect one representative. Sometimes when a state has its representation increased after a new census, the old congressional districts are left for a time undisturbed, and the added representatives are elected "at large," while the others are chosen by districts as before.

4 Voters.

5 The qualifications for voting in any state are fixed by the state itself, and different states require different qualifications. When the constitution was framed, but not now, some states required higher qualifications in voters for the upper house of the state legislature than in voters for the lower; so that more persons could vote for members of the lower, which is always the "most numerous" branch, than for the higher. Desiring to make the United States house of representatives as "popular" as possible, the framers of the constitution determined that all whom any state was willing to trust to vote for a member of the lower house of the state legislature, the United States could trust to vote for members of its lower house.

Clause 2.-Qualifications.

No person shall be a representative who shall not have attained the age of twenty-five years,1 and been seven

2

years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.3

1 For business and voting purposes a man "comes of age" at twenty-one years. Four years of probation are considered the least amount of time necessary to fit him for the responsibilities of a member of the house of representatives.

2 A born citizen will at twenty-five years of age have been a citizen for twenty-five years. A naturalized citizen must have lived in the United States for at least twelve years,* five years to become a citizen and seven years afterwards, before being eligible to the house of representatives. These twelve years will have given him time to become "Americanized."

3 Residence in the state is required in order that the state may be represented by persons interested in its welfare. No length of time is specified, however. Residence in the district is not required by the constitution, because the distribution of representatives within a state is left to the state itself. A person may be chosen to represent a district in which he does not live, and this has been done in a few instances. One does not lose his seat by moving from the district or even from the state, but propriety would impel resignation.

WHO MAY NOT BE REPRESENTATIVES.

1. Persons holding any office under the United States. [I., 6, 2.]

Persons who by engaging in rebellion against the United States have violated their oath to support the constitution, unless the disability be removed. [Am. XIV., 3.]

* Eight years in the case of an honorably discharged soldier who may become a citizen on one year's residence.

Clause 3.-Apportionment.

The parts of this clause enclosed in brackets are now obsolete.

3

7

Representatives and direct taxes1 shall be apportioned among the several states which may be included within this Union, according to their respective numbers,2 [which shall be determined by adding to the whole number of free persons, including those bound to service for a number of years, and] excluding Indians not taxed, [threefifths of all other persons."] The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; [and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsyl vania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.]

8

99

1 These are like the usual local taxes; that is, "poll taxes and taxes on real and personal property. A tax on incomes derived from such property was, in May, 1895, declared by the United States Supreme Court to be a direct tax. United States direct taxes have been laid only in 1798, 1813, 1815, 1816, 1862.

2 The revolutionary war had just been fought to maintain the principle, " taxation and representation go hand in hand," and this provision was made in harmony therewith. The including of direct taxes was a concession to the slaveholding states.

8 Men, women and children.

Apprentices.

5 Slaves. The framers of the constitution did not like to use the word "slave," and therefore used this expression. Most of them, even the slaveholders, hoped that slavery would soon cease to be.

In determining the persons to be enumerated, much difficulty was encountered. The slaveholding states wished the slaves counted as individuals, claiming that they had as much right to be represented as had women, children and other non-voters. The non-slaveholding* states thought that being held as property they should not be counted at all for purposes of representation. This provision in the constitution was the outcome, -another compromise.

"Called the Census. The prime purpose in taking the census is to find out the number of people in each state, so that representation may be equalized. But the census takers collect at the same time a vast amount of other useful information upon the agriculture, manufactures, commerce, etc., of the country. Reports of the census are published by the government for gratuitous distribution.

"The first meeting of congress was held in 1789, and the first census was taken in 1790.

To prevent the House from becoming too large. But the population of the United States has constantly and rapidly increased, so that the "ratio of representation," as it is called, has been made greater at each census. now takes 173,901 people to secure a representative. (For ratio in each decade, see pages 312-13.)

It

9 So that even the smallest states shall be represented.

* In all the states except Massachusetts slavery then existed. But in the northern states the number of slaves was so small, that we may call them "non-slaveholding."